How To File a Restraining Order Simplified Process and Legal Support in Los Angeles County, Orange County, Ventura County, and Across Southern California
When you’ve been a victim of abuse or harassment, it can feel like there’s no way out. It’s possible to put in place critical protections through the civil legal system. At The Law Offices of Christopher Chaney, our attorneys guide abuse victims through the process of getting a restraining order in California and represent them in court hearings that decide whether they’ll receive the legal protections they need.
As the top restraining order law firm in Southern California, we understand the nuances of every type of legal protection available and the processes involved in securing them. For help understanding how to file a restraining order in CA and legal support to make this difficult situation easier, contact us today.
The Process for Getting a Restraining Order
To file a restraining order against someone, the person wanting to obtain a restraining order should usually go to the county Superior Court (Los Angeles Superior Court) and complete the necessary forms. The party seeking protection has to describe why they are asking for protection from another person. The filing fee has to be paid unless a fee waiver applies. If a judge approves the request, an emergency protective order or a temporary restraining order can be issued even without a hearing where the other party will be present. However, to obtain a permanent restraining order, the alleged victim must attend a hearing that allows both sides an opportunity to present their case. The defendant, must receive the “notice of court hearing” and have the opportunity to provide evidence in support of their arguments for why a restraining order should not be granted. Based on the information presented at the hearing, the judge will determine whether or not to grant the restraining order.
How To File a Restraining Order in CA: A Step-by-Step Guide to the Process of Getting Protection
A restraining order provides much-needed protection against the abuse, harassment, and threats you’ve faced. Getting this protection through the legal system is a process that requires you to meet specific criteria, file paperwork, present evidence, and participate in a court hearing.
Step 1: Prepare to Request a Restraining Order
Your first step is to determine whether you meet the criteria for a restraining order and what type of restraining order you should file. In California, it isn’t only spouses and family members who can file restraining orders but also victims harassed, threatened, or harmed by neighbors, landlords, coworkers, and others.
Step 2: Identify the Appropriate Court in Which to File Papers
You must submit the required paperwork to the appropriate court. At The Law Offices of Christopher Chaney, we’re familiar with courts throughout Southern California, and we can help you determine where to file your request for a restraining order.
Step 3: Gather Evidence and Information
In your petition for a restraining order, you must describe the conduct that necessitates legal protections. The more detailed information you’re able to provide, the better you can satisfy the requirement of establishing that the protections you’re seeking are necessary. Before you go to the courthouse to file paperwork or begin the process of completing forms online, gather all of the information and evidence you have of abuse, threats, harassment, or violence.
Step 4: Complete the Required Paperwork
Different types of restraining orders must be petitioned using the specific forms that pertain to each situation. If you want the judge to issue a temporary restraining order to protect you until the date of the required court hearing, you need to ask for it during this stage by filing the proper forms.
Fully filling out all forms required for your situation is a long process that can take several hours, and it can be emotionally difficult as well as mentally taxing as you try to make sense of legal terms and processes. You will also have to pay a fee to file these forms unless you’re eligible to have the fee waived.
Step 5: Have the Papers Served to the Defendant
Once a judge has approved the request, you must have the restrained person served with a notice of the petition for a restraining order, the court hearing date, and any temporary restraining order that may be in place against them.
This step is mandatory. The restrained person must be notified of the petition against them, the date of the court hearing, and any restrictions placed on them by a temporary restraining order. The defendant cannot comply with restrictions they don’t know have been placed against them, and they have the right to appear in court and present their arguments against granting the requested order.
Do not attempt to serve papers to the restrained person yourself. Instead, choose someone else to handle this task. A sheriff or marshal, a professional process server, or someone you know who is not part of your case and is at least 18 years of age can serve papers to the defendant.
Step 6: Prepare for Your Restraining Order Hearing
Your request for a long-term restraining order can only be granted following a court hearing. You must show up to this hearing and present to the judge all of the information and evidence that explains why the restrictions you’re seeking to impose on the restrained person are necessary to protect your safety. If you do not show up, the judge may dismiss your case.
During this hearing, you have to successfully persuade the judge that the restrictions you are asking for are necessary. The respondent has an opportunity to fight these restrictions as well, making their case against granting the restraining order in its entirety or certain specific protections. If you are not successful in convincing the judge that the restraining order or specific protections are needed, the judge will either deny your petition or impose a restraining order that does not include the full protections you were seeking. The more thoroughly you prepare for your hearing, gather evidence and witness statements, and develop strong, well-reasoned arguments, the better.
How The Law Offices of Christopher Chaney Can Help With the Process of Getting a Restraining Order in California
The multi-step process of getting a restraining order can be challenging and frustrating, and there’s no guarantee that you will end up with the protections you need. Having an attorney can help you make a compelling argument that the restrictions you’re asking the judge to impose are reasonable and necessary for your protection.
The Benefits of Having a Lawyer Guide You Through the Restraining Order Process
As difficult as this situation can be, having an attorney advocating for you can make every aspect of the restraining order process simpler.
We know the Southern California court system and the nuances of each type of restraining order, so we streamline the process of identifying the correct forms and courts for filing restraining order petitions. We have the legal knowledge and professional experience to help you fill out forms fully and accurately, describing the abuse or harassment in the level of detail necessary to move your request forward.
From the start, we begin putting together arguments in favor of granting your request. We’re prepared to build strong cases for granting the order and present all evidence in your favor during your court hearing.
Types of Restraining Orders We Assist Clients in Getting
Our attorneys assist clients seeking all kinds of restraining orders, including:
- Domestic violence restraining orders
- Civil harassment restraining orders
- Elder abuse restraining orders
- Gun violence restraining orders
- Workplace violence restraining orders
- School violence restraining orders
Every type of restraining order granted under California law is unique, so it’s important to choose an attorney who understands each type of situation and what’s required for a successful case.
Why Choose The Law Offices of Christopher Chaney?
You don’t have to look far to find experienced help for the process of getting a restraining order in California. At The Law Offices of Christopher Chaney, we don’t just know how to file a restraining order in CA. We know how to advocate effectively for our clients, securing their protection and peace of mind through our subject matter knowledge, skills as trial attorneys, and aggressive commitment to their best interests.
A Reputation as the Top Restraining Order Law Firm in Southern California
We handle more restraining order cases throughout Los Angeles and the surrounding region, and that means we have a comprehensive understanding of the processes and procedures involved in these matters. Petitioning for a restraining order can be a difficult process legally as well as emotionally, but having experienced support throughout your case can help you secure the outcome that provides as much legal protection as possible.
Representation From Experienced Trial Attorneys
Although a court hearing isn’t the same as a trial, the stakes can feel just as high when a judge is deciding whether to grant the protections you desperately need. At The Law Offices of Christopher Chaney, we draw on the same skills our trial attorneys have used inside the courtroom to develop and present the strongest possible case at your restraining order court hearing.
Unwavering Advocacy So You Won’t Have to Face the Legal System Alone
The legal system can be intimidating enough when you’re not also bearing the consequences of abuse, harassment, or threats of violence. At The Law Offices of Christopher Chaney, we believe victims should never have to face the legal process alone. We’re here to advocate aggressively for you throughout the process, fighting for solutions that will protect you for years to come.
For Help With the Process of Getting a Restraining Order in California, Contact The Law Offices of Christopher Chaney Today for a Free Case Review
If you have questions about how a restraining order could protect you or you’re not sure where to start, take advantage of a free consultation with our legal team. We’re here to help you understand your legal rights, the restraining order process, and how we may be able to assist you in securing the full protections available through the civil legal system.
For comprehensive guidance to navigate the restraining order process in California, contact The Law Offices of Christopher Chaney online or call 818-330-5198 today.
